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Chapter 5: Citizenship
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Citizenship
– Citizenship• Individual’s full political membership in the state• Permanent allegiance to the state • Individual’s integration into the political system• Legal relationship between the individual and the state
Citizenship
– Citizenship brings certain rights, duties, privileges and obligations:
• All public offices are open to a citizen.• He is eligible for recruitment to all public services.• The right to vote and certain fundamental rights are
available only to citizens.• Citizens have obligations like paying taxes, defending
the nations.
Citizenship
– Article 5 : A person becomes entitled to the citizenship of India if, at the commencement of the constitution:
• He has his domicile in the territory of India.• He or either of his parents were born in India, or • He has been ordinarily resident in the territory of India
for not less than five years immediately before the commencement of the constitution.
– Article 6: citizenship rights of migrants from Pakistan before the commencement of the constitution.
Citizenship
– Article 7 makes special provisions for: • Persons who migrated to Pakistan after March 1, 1947
but returned to India subsequently.
– Article 8 takes care of future citizenship needs of all Indians residing abroad.
– Article 9 provides that if a person has voluntarily acquired the citizenship of a foreign country he shall forfeit the right of citizenship of India.
Citizenship
– Article 10 provides that every person who is or is deemed to be a citizen of India shall continue to be a citizen of India
• Subjects to the provisions of any law that may be made by parliament.
– Article 11 endows Parliament with powers for enacting legislation pertaining to the acquisition and termination of the citizenship of India.
Citizenship
– The Citizenship Act,1955: Acquisition and Termination of Citizenship.
• A person born in India after 26 January 1950 would, subject to certain exceptions, like those of children of diplomats and of enemy aliens, be a citizen of India;
• Anyone born outside India after 26 January 1950, subject to certain requirements, would be a citizen of India if his father was an Indian citizen at the time of his birth;
• Under certain conditions, certain category of persons could acquire Indian citizenship by registration in the prescribed manner;
Citizenship
– The Citizenship Act,1955: Acquisition and Termination of Citizenship.
• Foreigners could acquire Indian citizenship on application for naturalisation on certain conditions;
• If any territory become a part of India, the Government of India could by order specify the persons who would become citizen of India as a result thereof;
• Citizenship could be lost by termination, renunciation or deprivation on certain grounds;
• A citizen of a Commonwealth country would have a status of a Commonwealth citizen in India.
Citizenship
– Amendments in the Citizenship Act 1955• Amended in 1986 to tackle the situation created by the
large-scale unlawful immigration from Bangladesh, Sri Lanka and some African countries.
• Most fundamental changes in the Act came during 2003-2005.
• Maintenance of a national register of Indian citizens and for ‘Overseas Citizenship of India.
• The provision of double citizenship to ‘Overseas Citizens of India’ applies only to those in some specified countries: Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, Netherlands, New Zeeland, Portugal, Republic of Cyprus, Sweden, Switzerland, United Kingdom, and United States of America.
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